High Court of Bombay

5,131 judgments

Year:

Anudan Properties Private Ltd. v. Mumbai Metropolitan Region, Slum Rehabilitation Authority

13 Aug 2024 · Amit Borkar, J.
Cites 1 · Cited by 0

The Bombay High Court held that the SRA’s power to remove a defaulting developer under the Slum Act survives insolvency resolution and upheld termination of the petitioner despite an approved IBC resolution plan.

administrative appeal_dismissed Significant Insolvency and Bankruptcy Code Slum Rehabilitation Authority Section 13(2) Slum Act Resolution plan

Mahesh K. Mehta v. The Bharatiya Friend’s Co-Operative Housing Society Ltd.

09 Aug 2024 · A. S. Chandurkar; Jitendra Jain · 2024:BHC-OS:12019-DB

The High Court dismissed the review petition against its order refusing writ relief against a Co-operative Housing Society, holding the order final and no error apparent to justify review.

civil petition_dismissed review petition writ petition Co-operative Housing Society finality of order

Dr. Kirtikumar Sankleshwar Trivedi v. State of Maharashtra

09 Aug 2024 · R. M. Joshi

The High Court allowed discharge of doctors accused in the death of a minor during egg donation procedures, holding insufficient grounds to proceed and applying parity with similarly discharged accused.

criminal appeal_allowed Significant Section 227 Cr.P.C. discharge application medical negligence egg donation

Abasaheb Anandrao Patil v. The State of Maharashtra

09 Aug 2024 · Revati Mohite Dere; Prithviraj K. Chavan

The Bombay High Court set aside the Maharashtra State Human Rights Commission's order imposing compensation and departmental enquiry on a police officer for failure to afford him notice and hearing, remitting the matter for fresh consideration.

administrative appeal_allowed Significant natural justice Protection of Human Rights Act, 1993 Maharashtra State Human Rights Commission notice and hearing

Bhavesh P. Bhinde v. The State of Maharashtra

09 Aug 2024 · Bharati Dangre; Manjusha Deshpande

The Bombay High Court upheld the legality of the petitioner's arrest and detention, holding that all constitutional and procedural safeguards were complied with, and dismissed the petition challenging the arrest.

criminal petition_dismissed Significant arrest procedure D.K. Basu guidelines grounds of arrest Section 50 CrPC

Jayesh Dinesh Kadam and Anr. v. Andrew David Fernandes and Ors.

09 Aug 2024 · Milind N. Jadhav

The Bombay High Court allowed revision to dismiss a suit challenging vintage registered sale deeds as barred by limitation and lacking cause of action, emphasizing rejection of vexatious claims at the threshold.

civil appeal_allowed Significant Order VII Rule 11 CPC limitation cause of action registered sale deed

Dr. Kirtikumar Sankleshwar Trivedi v. State of Maharashtra

09 Aug 2024 · R. M. Joshi

The Bombay High Court allowed discharge of doctors accused in the death of a minor during egg donation procedures, holding no sufficient grounds existed to proceed against them and applying parity with a previously discharged co-accused.

criminal appeal_allowed Significant Section 227 Cr.P.C. discharge of accused medical negligence egg donation

M/s. Shrinath Cotfab & Ors. v. The Authorised Officer, Canara Bank & Ors.

09 Aug 2024 · A.S. Chandurkar; Rajesh S. Patil

The Bombay High Court upheld the DRAT order requiring pre-deposit based on the entire outstanding debt under SARFAESI Act when the challenge is to Section 13(4) measures, dismissing the petitioners' plea to limit it to the auction sale price.

civil petition_dismissed Significant SARFAESI Act Section 18(1) pre-deposit Debts Recovery Appellate Tribunal

Invest Assets Securitisations & Reconstruction Private Limited v. Bank of Baroda

08 Aug 2024 · A.S. Chandurkar; Rajesh S. Patil

The Bombay High Court dismissed the writ petition challenging an auction sale for non-compliance with Regulation 37(1) of the Debts Recovery Tribunal Regulations, holding that the assignee waived the mandatory procedural requirement by failing to raise timely objections.

civil petition_dismissed Significant Debts Recovery Tribunal Regulations 2015 Regulation 37(1) valuation of immovable property reserve price fixation

Sachin Manohar Khambe v. The State of Maharashtra

08 Aug 2024 · Bharati Dangre; Manjusha Deshpande

The Bombay High Court upheld the State Government’s categorization of a convict serving concurrent life sentences under stricter remission guidelines, ruling that concurrent sentences under Section 427(2) CrPC justify applying the 2010 remission policy requiring 30 years imprisonment including remission.

criminal petition_dismissed Significant life imprisonment remission concurrent sentence Section 427 CrPC

Saraswat Co-operative Bank Ltd v. Purnanadu Shekharmal Jain

08 Aug 2024 · Revati Mohite Dere; Prithviraj K. Chavan

The Bombay High Court held that the SARFAESI Act provisions override the MPID Act in respect of properties mortgaged prior to attachment, quashing the MPID attachment to uphold the secured creditor’s rights.

criminal appeal_allowed Significant SARFAESI Act MPID Act secured creditor mortgage priority

Amrapali Sakharam Kamble v. The District Collector

08 Aug 2024 · Gauri Godse

The Bombay High Court upheld the validity of a No-Confidence motion against a Gram Panchayat Sarpanch, ruling that procedural compliance and the majority’s will must be respected, and dismissed the petitioner’s challenge under Articles 226 and 227.

administrative petition_dismissed Significant No-Confidence motion Maharashtra Village Panchayat Act, 1958 Section 35 Bombay Village Panchayats Rules, 1975

The Municipal Commissioner Pune Municipal Corporation v. Ms Safia Abdul Salam Shaikh

08 Aug 2024 · K. R. Shriram; Jitendra Jain

The Bombay High Court held that the Maharashtra State Minorities Commission lacks jurisdiction to pass binding orders on employment promotions, quashing its order directing retrospective promotion and benefits.

administrative appeal_allowed Significant Maharashtra State Minorities Commission Act, 2004 jurisdiction adjudicatory powers executive orders

Shree Machhi Mahajan v. The Collector

08 Aug 2024 · G. S. Kulkarni; Advait M. Sethna

The High Court quashed an order deleting a society's name from land records for violation of natural justice, directing fresh consideration after hearing the petitioner.

administrative appeal_allowed Significant natural justice opportunity of hearing show cause notice land records

Riyaz Ismail Machhiwala & Anr. v. The State of Maharashtra & Anr.

07 Aug 2024 · B. P. Colabawalla; Firdosh P. Pooniwalla · 2014 (6) Mh.L.J. 829

The Bombay High Court held that the one-time premium under the 2019 and 2021 Government Resolutions can only be charged on exempted surplus vacant land under Section 20 of the ULC Act, directing refund of excess premium paid on the entire land.

administrative petition_allowed Significant Urban Land (Ceiling and Regulation) Act, 1976 Section 20 exemption one-time premium Government Resolution 2019

Gandharva Dhaneshwar Patil v. State of Maharashtra

07 Aug 2024 · R.M. Joshi

The Bombay High Court held that the Collector is not mandatorily required to refer disputes under Section 76 of the Land Acquisition Act and dismissed the petition challenging refusal to refer compensation dispute to the Authority.

property petition_dismissed Significant Section 64 Section 76 Right to Fair Compensation and Transparency in Land Acquisition Act, 2013 Collector's discretion

Dashrath Shiva Korlekar v. Devendra Murari Korlekar & Ors.

07 Aug 2024 · Milind N. Jadhav

The Bombay High Court held that amendments to pleadings after evidence closure require due diligence and cannot be allowed to expand the suit's scope or parties known at inception, quashing the trial court's order permitting such amendment at final arguments stage.

civil appeal_allowed Significant Order VI Rule 17 CPC amendment of pleadings partition suit due diligence

Nirmal Bang Securities Pvt. Ltd. v. Shashi Mehra HUF

07 Aug 2024 · Sandeep V. Marne

The Bombay High Court upheld arbitral awards holding that authorized trades confirmed by the investor cannot be disowned to claim refund of brokerage, dismissing the petition challenging refund direction.

civil petition_dismissed Significant authorized trades brokerage refund arbitration award Section 34 Arbitration Act

Eka Academy Private Limited v. Union of India

06 Aug 2024 · K.R. Shriram; Jitendra Jain

The Bombay High Court held that a written admission of tax liability before the SVLDRS cut-off date constitutes quantification, quashing the rejection of the petitioner’s declaration and directing fresh consideration.

tax appeal_allowed Significant Sabka Vishwas Legacy Dispute Resolution Scheme service tax tax quantification cut-off date

Shri Madhukar Mahadev Patil v. Sangli Zilla Madhyawarti Sahakari Bank Ltd.

06 Aug 2024 · GAURI GODSE J

The Bombay High Court held that Cooperative Courts lack jurisdiction over service disputes between cooperative societies and employees under Section 91 of the MCS Act, dismissed the petitioner's dispute, and allowed filing a civil suit with limitation protection.

civil petition_allowed Significant Cooperative Court jurisdiction Maharashtra Co-operative Societies Act service dispute Order VII Rule 10 CPC